A PRC is a formal signed agreement between one or more parents and DCJ. This also includes someone who is pregnant. The agreement outlines the things DCJ thinks the parent needs to change in order to keep their child at home, as well as the things DCJ needs to do to support the parent to achieve these goals. A PRC is used when DCJ’s goal is for your child to stay at home. They cannot be used to change where a child is living, or change parental responsibility. It should be based on what DCJ thinks are risks to your child/ren that are written in the safety assessment, not just things they want to change about you. The contract goes for 12 months and cannot be used again until 18 months have passed since the end of the last one.
PRCs should be used when you have had a safety assessment, and the goal is to support you so that your child can stay home (this is called preservation). A PRC goes for 12 months and cannot be used again until 18 months have passed after the end of the last one.
Before signing anything DCJ gives you, you should seek legal advice immediately. DCJ must give you enough time to get legal advice. In fact, when signing a PRC, you have to expressly acknowledge that you have been offered and/or sought independent legal advice.
Yes. In reality, Aboriginal parents have said that a PRC can be used in a coercive way by DCJ, because it needs your consent and understanding, but parents also know that DCJ has the power to remove their children anyway.
The use of a PRC should be talked about with your lawyer, as it can be a risk to you. It is like a contract, so you should only sign if you agree to everything in it. Even though a PRC cannot change parental responsibility or where the child is living, it is a form of surveillance, as your service provider gives updates to DCJ.
If you are involved with services, they can update DCJ on your ‘progress’. If they say you have not made progress, DCJ can say to the Court that you went against your agreement (this is called filing a ‘breach notice’).
A Care Application will also be filed with the breach notice, and this means your child will likely be removed and you will have to go to Court. Your agreement to the PRC then becomes evidence of your admitting to the nature of the concerns being present. The PRC can be used against you as evidence in the Children’s Court. A PRC is more serious than a Case Plan, as it is a more formal arrangement that can involve the Court.
PRCs should be used when you have completed a safety assessment, and the goal is to support you so that your child can stay home (this is called preservation). This means the PRC should be based on what DCJ is able to prove are risks to your child, not just things they want to change about you. DCJ might ask you to do things such as undergo drug testing, participate in parenting courses, or attend counselling. If the goals include anything you do not agree with, you will need evidence to prove that it should not be in there. Work with your lawyer to do this.
AbSec and our partners acknowledge the Traditional Custodians of Country throughout NSW and their continuing connections to land, waters, and communities. We also acknowledge the lands on which these stories were told, the lands of the Dharawal, Yuin and Wonnarua people.
We acknowledge the Elders, leaders and advocates that have led the way and continue to fight for our children. We also acknowledge the Stolen Generations who never came home and the ongoing impact of government policy and practice on Aboriginal and Torres Strait Islander children, young people and families.
This website shares the experiences and advice of Aboriginal families involved in the NSW child protection system who participated in the Bring Them Home, Keep Them Home research at UNSW. We acknowledge and thank the families who generously gave permission to share their stories.
These experiences reflect what worked for those families and do not constitute advice or views of AbSec. AbSec recommends seeking independent legal advice for your own circumstances.
